There are more opportunities now than ever before
for people who are receiving SSDI and SSI benefits to learn job skills
and find permanent employment.

If you are seeking a job or are new to the workforce, you should become familiar with the Americans with Disabilities Act of 1990 (ADA),
a federal civil rights law designed to prevent discrimination and
enable individuals with disabilities to participate fully in all aspects
of society. One fundamental principle of the ADA is that individuals
with disabilities who want to work and are qualified to work must
have an equal opportunity to work. This brochure answers questions you may have about your employment rights under the ADA.

How do I know if I am protected by the ADA?

To be protected, you must be a qualified individual with a
disability. This means that you must have a disability as defined by the
ADA. Under the ADA, you have a disability if you have a physical or
mental impairment that substantially limits a major life activity such
as hearing, seeing, speaking, thinking, walking, breathing, or
performing manual tasks. You also must be able to do the job you want or
were hired to do, with or without reasonable accommodation.

What are my rights under the ADA?

The ADA protects you from discrimination in all employment
practices, including: job application procedures, hiring, firing,
training, pay, promotion, benefits, and leave. You also have a right to
be free from harassment because of your disability, and an employer may
not fire or discipline you for asserting your rights under the ADA. Most
importantly, you have a right to request a reasonable accommodation for
the hiring process and on the job.

What is a "reasonable accommodation"?

A reasonable accommodation is any change or adjustment to a job,
the work environment, or the way things usually are done that would
allow you to apply for a job, perform job functions, or enjoy equal
access to benefits available to other individuals in the workplace.
There are many types of things that may help people with disabilities
work successfully. Some of the most common types of accommodations
include:

physical changes, such as installing a ramp or modifying a workspace or restroom;

sign language interpreters for people who are deaf or readers for people who are blind;

providing a quieter workspace or making other changes to reduce noisy distractions for someone with a mental disability;

training and other written materials in an accessible format, such as in Braille, on audio tape, or on computer disk;

TTYs for use with telephones by people who are deaf, and
hardware and software that make computers accessible to people with
vision impairments or who have difficulty using their hands; and

time off for someone who needs treatment for a disability.

What should I do if I think I might need a reasonable accommodation?

If you think you might need an accommodation for the application
process or on the job, you have to request one. You may request a
reasonable accommodation at any time during the application process or
any time before or after you start working.

How do I request a reasonable accommodation?

You simply must let your employer know that you need an adjustment
or change because of your disability. You do not need to complete any
special forms or use technical language to do this. For example, if you
use a wheelchair and it does not fit under your desk at work, you should
tell your supervisor. This is a request for a reasonable accommodation.
A doctor’s note requesting time off due to a disability or stating that
you can work with certain restrictions is also a request for a
reasonable accommodation.

What happens after I make a request for a reasonable accommodation?

Once you have made a request for a reasonable accommodation, the
employer should discuss available options with you. If you have a
disability that is not obvious, the employer may request documentation
from you demonstrating that you have a disability and explaining why you
need a reasonable accommodation. You and the employer should work
together to determine an appropriate accommodation.

What should I do if I think my ADA rights have been violated?

You should contact the nearest office of the Equal Employment
Opportunity Commission (EEOC). Someone will help you determine whether
you should file a charge of discrimination. Charges may be filed with
the EEOC in person, by mail, or by telephone.

There are strict time frames for filing charges of employment
discrimination. In most states, you have 300 days from the time the
alleged discrimination occurred to file a charge, but in some states you
may have only 180 days. The EEOC field office nearest you can tell you
which time period applies to you. However, you should file a charge as
soon as possible after you believe the discrimination occurred.

To contact the EEOC, look in your telephone directory under U.S. Government or call
1-800-669-4000 (voice) or 1-800-669-6820 (TTY).

Is there any cost to file a charge?

No. There is no cost to file a charge.

Do I need a lawyer to file a charge?

No. You may file a charge on your own without a lawyer, though some
people do choose to retain one. Your local bar association may be able
to help you locate a lawyer, and many communities have organizations
that can provide free legal services or legal services at a reduced rate
to people who qualify for them.

What happens after I file a charge with the EEOC?

First, the EEOC notifies your employer that a charge has been filed.

In some instances, the EEOC will suggest mediation as a
way of resolving the charge. Mediation is a process by which an
impartial party tries to help people resolve a dispute. Mediation is
voluntary, free, and completely confidential.

If a charge is not referred to mediation or if mediation
is unsuccessful, and the EEOC determines that a violation has not
occurred, your charge will be dismissed and you will be sent a letter
telling you that you may file your own lawsuit.

If the EEOC concludes that you were discriminated
against, it will attempt to settle the claim informally. If this is
unsuccessful, the EEOC will decide whether to bring a lawsuit or issue
you a letter giving you the right to file a lawsuit on your own.

For more information about work support, contact the Social Security Administration at: